This handbook contains lessons learned and promising practices acquired by the authors over years of representing survivors of human trafficking through a team-based approach. These lessons and tips focus on the experiences that the authors and other practitioners have had primarily in California, but which are largely applicable to other regions of the United States. The objective of this handbook is to assist legal and non-legal advocates of survivors of human trafficking, who are critical to the successful stabilization of trafficked persons.
Author(s): Ivy C. Lee, Lynette M. Parker & Cindy C. Liou
Edition: 2
Publisher: Immigrant Legal Resource Center
Year: 2014
Language: English
Pages: 613
City: San Francisco
Tags: law, t visa, abuse, immigrants, immigration, relief, deportation, removal, trafficking, u.s. law, u.s. immigration, american law, human trafficking
Acknowledgements
Author Biographies
Table of Contents
Chapter 1: Introduction
Chapter 2: Team-Based Perspective on Addressing Human Trafficking Survivors
§ 2.1 Introduction
§ 2.2 San Francisco Model
§ 2.3 San Jose Model
Chapter 3: Trafficking Basics
§ 3.1 Identifying Potential Victims of Human Trafficking
§ 3.2 Who Is Trafficked to and within the United States?
§ 3.3 Who Are the Traffickers?
§ 3.4 How Does Recruitment Happen?
§ 3.5 What Kinds of “Industries” Are Involved in Human Trafficking?
§ 3.6 What Kind of Obstacles Do Victims Face When Seeking Help?
§ 3.7 Understanding Intersections between Labor Exploitation, Smuggling, and Human Trafficking
Chapter 4: The Stages of a Human Trafficking Case and the Needs of the Survivor
§ 4.1 Overview
§ 4.2 Emergency Stage
§ 4.3 Non-Emergent Crisis Stage
§ 4.4 Stabilization
§ 4.5 Integration
Chapter 5: Parallel Legal and Non-Legal Proceddings and Their Impact on Your Case
§ 5.1 Immigration Track
§ 5.2 Criminal Track: Overview
§ 5.3 Criminal Track: Protecting Crime Victims
§ 5.4 Criminal Track: Sentencing and Victim Impact Statements
§ 5.5 Civil Track: Overview
§ 5.6 Defense against Discovery
§ 5.7 Restitution
§ 5.8 Settlement Agreements
§ 5.9 Structuring Damages with Public Benefits and Taxes
§ 5.10 Non-Legal Survivor Services
Chapter 6: Identifying and Developing the Team Members, Collaborators and Resources
§ 6.1 Law Enforcement Agencies (Federal and Local)
§ 6.2 Housing: Emergency Shelter, Short-Term, Transitional and Long-Term Options
§ 6.3 Social Service Providers and Case Management
§ 6.4 Health Services: Mental, Physical, Reproductive, and Dental Health
§ 6.5 Legal: Criminal, Civil, Immigration, and Employment Rights
§ 6.6 New Partners/Changing Personnel in Coalitions and Task Forces
§ 6.7 Government Entities
§ 6.8 Collaboration with International Office of Migration (IOM)
§ 6.9 Working with Consular Offices and Embassies
§ 6.10 Language and Culture
§ 6.11 Funds for Necessities
§ 6.12 Continuing Communication and Development of Working Relationship
Chapter 7: Practical Challenges in a Trafficking Case
§ 7.1 Establishing Baseline Protocols for the Team
§ 7.2 Law Enforcement: Role, Goal, and Limits
§ 7.3 Request for the Client’s Declaration
§ 7.4 Interviews with Law Enforcement
§ 7.5 Housing
§ 7.6 Case Management
§ 7.7 Health Services
§ 7.8 Legal
§ 7.9 Government Agencies
§ 7.10 Language and Culture
§ 7.11 Funders
§ 7.12 Conflicts of Interest
§ 7.13 Information Keeping and Sharing
§ 7.14 Safety Concerns (Client/Agency Personnel)
Chapter 8: Protocols Regarding Discovery of a Human Trafficking Survivor
§ 8.1 Designating a Point Person
§ 8.2 Notification of Impending Law Enforcement Action
§ 8.3 Phone Tree to Activate Service Providers
§ 8.4 Coordinating Logistics of Intakes, First Contact with Potential Survivors, Assignments
§ 8.5 Presence of Advocate(s)
§ 8.6 On-Site Intakes
§ 8.7 Assessment
§ 8.8 Protecting Shelter Anonymity
§ 8.9 Relocation of Survivor(s)
§ 8.10 Separation from Traffickers
§ 8.11 Debriefing as a Team
§ 8.12 Scenarios in Which This Occurs
§ 8.13 Activation of Service Providers
§ 8.14 Report to Law Enforcement
§ 8.15 Mobilizing Your Team
§ 8.16 Identifying Emergency Needs (Safety, Health, Family Safety, Shelter)
§ 8.17 Good Samaritans
Chapter 9: Agency Preparation for Human Trafficking Cases
§ 9.1 Scope of Representation or Services
§ 9.2 Practical Tools
§ 9.3 Media Policy and/or Protocol
Chapter 10: Special Considerations Representing Minors, Survivors in Criminal, Detention, and Removal Proceedings, and Witnesses
§ 10.1 Interviewing and Communicating with Minors
§ 10.2 Before the Initial Meeting
§ 10.3 Interviewing Strategies
§ 10.4 Child Protective Services (CPS)
§ 10.5 Unaccompanied Refugee Minors Program (URM)
§ 10.6 Guardianship/Conservatorship
§ 10.7 Shelter/Foster Families
§ 10.8 Reunification with Immediate or Extended Family Members
§ 10.9 School/Activities/Mobility
§ 10.10 Limited Knowledge of Trafficking Arrangements
§ 10.11 Trust and Vulnerability
§ 10.12 Removal Proceedings
§ 10.13 T Visas, U Visas or Special Immigrant Juvenile Status
§ 10.14 Cooperation Requirements Vary Based on Age
§ 10.15 Force, Fraud or Coercion Not Required for Commercial Sex Work if under 18 Years Old
§ 10.16 Family Derivative Petitions
§ 10.17 Trauma and Testimony
Chapter 11: Repatriation and Options for Immigration Relief
§ 11.1 Elements for Eligibility
§ 11.2 Standards of Proof
§ 11.3 Denials and Revocations of Visa Applications
§ 11.4 Cases in Removal Proceedings
§ 11.5 Cases with Orders of Removal
§ 11.6 Reunification/Repatriation to Home Country
§ 11.7 Safety Concerns in the Home Country
§ 11.8 Services Available in the Home Country
§ 11.9 Possibility of Return to the United States
§ 11.10 Providing Resources to Client and Connecting with NGOs in Home Country
§ 11.11 Remaining in the United States, but Not Pursuing Immigration Relief
§ 11.12 Choosing Whether to Seek Immigration Status
§ 11.13 Choosing Which Status to Pursue
§ 11.14 Preparation to File
§ 11.15 While an Application Is Pending
§ 11.16 Post Receipt of Relief
§ 11.17 Consular Processing for Derivatives
§ 11.18 Adjustment of Status
Chapter 12: Trauma and Secondary Trauma
§ 12.1 Experiencing Trauma
§ 12.2 Intrusive Phase and Symptoms
§ 12.3 Numbing or Avoidance Phase and Symptoms
§ 12.4 Memory and Testimony
§ 12.5 During the Interview
§ 12.6 Before and after Interviews
§ 12.7 Preparing for Law Enforcement Interviews
§ 12.8 Concepts of Secondary Trauma (Vicarious Trauma, Compassion, Fatigue, …)
§ 12.9 Symptoms of Secondary Trauma
§ 12.10 Assessing the Possibility of Re-Traumatization or Secondary Trauma
§ 12.11 Awareness of the Effects of Working with Trauma Survivors
§ 12.12 Issues Unique to Legal Representatives
§ 12.13 Issues Unique to Staff
§ 12.14 Issues Unique to Interpreters
§ 12.15 Self-Care: Why It’s Important
§ 12.16 Self-Care: Prevention of Secondary Trauma
Chapter 13: Legislative Advocacy
§ 13.1 Lessons Learned Regarding Crafting Anti-Trafficking Legislation
Appendix
Index of Appendices
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I
Appendix J
Appendix K
Appendix L
Appendix M
Appendix N
Appendix O
Appendix P
Appendix Q
Appendix R
Appendix S
Appendix T
Appendix U
Appendix V
Appendix W
Appendix X
Appendix Y
Appendix Z
Appendix AA
Appendix BB
Appendix CC
Appendix DD
Appendix EE
Appendix FF
Appendix GG
Appendix HH
Appendix II
Appendix JJ
Appendix KK
Appendix LL
Appendix MM
Appendix NN
Appendix OO
Appendix PP
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